Fair Trade Commission Establishes 'Guidelines for Reviewing Abuse of Bargaining Position Against Labor Providers'

On the 30th, the Fair Trade Commission establishes review guidelines applicable to children's school bus drivers and tourist interpreters

The Fair Trade Commission has established the "Guidelines for Reviewing Abuse of Transactional Status Against Labor Providers," which will take effect from the 1st of next month. Drivers of children's school buses, tourist interpreters, construction site freight truck owners, and after-school instructors, who were previously not subject to the existing guidelines, will now be covered under these review guidelines.

According to the Fair Trade Commission on the 30th, the term "Special Type Workers (Teukgo)" under the Industrial Accident Compensation Insurance Act will be replaced by "Labor Providers" starting from the 1st of next month. Accordingly, the existing "Guidelines for Reviewing Abuse of Transactional Status Against Special Type Workers," which referenced this term, have been revised to reflect this change and include additional examples of legal violation types based on past rulings. To incorporate the updated terminology into the guideline title, the Commission abolished the previous guidelines and enacted new ones.

As the Industrial Accident Compensation Insurance Act continues to expand the scope of applicable occupations, the guidelines aim to reflect this as much as possible. Although the exclusivity requirement previously used to define Teukgo has been removed from the definition of Labor Providers, the terminology and applicable occupations under the Industrial Accident Compensation Insurance Act have been directly adopted. Consequently, the occupations covered by the guidelines will expand from the existing 14 to 18, consistent with the Enforcement Decree of the Industrial Accident Compensation Insurance Act.

The guidelines add children's school bus drivers, tourist interpreters, construction site freight truck owners, and after-school instructors to the existing 14 covered occupations: insurance planners, construction machinery operators, visiting instructors, golf caddies, delivery drivers, quick service drivers, loan solicitors, credit card membership recruiters, designated drivers, door-to-door salespersons, rental product inspection personnel, home appliance delivery and installation technicians, freight truck owners, and software engineers.

Furthermore, reflecting recent rulings, examples of disadvantageous acts that may constitute legal violations have been added. These include: ▲ setting transaction conditions that allow the business operator to unilaterally change terms during the contract period and to unilaterally terminate the contract if the labor provider does not agree to the changed terms; ▲ setting transaction conditions that unfairly prohibit contracting with other businesses for a significant period upon contract termination or expiration; ▲

and newly added is the act of a business operator refusing transactions by unfairly terminating contracts or using their transactional status. The Fair Trade Commission stated, "Through the establishment of these review guidelines, we expect to provide stronger protection for labor providers and enhance the consistency of the system as well as the predictability for compliance subjects."

This content was produced with the assistance of AI translation services.